work in the informal sector, and only 10% of those with social security are indigenous people. 31
Indigenous people also have a high rate of illiteracy, 32 since 50% of indigenous children do not
attend school. Indigenous girls who receive education usually attend school for approximately
two years, compared to six years for non-indigenous girls. 33 Moreover, “the majority of the
indigenous population does not have access to primary health care” due to “lack of
infrastructure, personnel and medicines.” 34
37.
Moreover, as the Court has indicated in its judgments in previous cases concerning
Guatemala, 35 the internal armed conflict had a significant cultural impact on the country’s
indigenous communities. In this regard, the Court noted that the “human rights violations that
occurred during the internal armed conflict in Guatemala also meant the loss of cultural and
religious values and practices of the Maya peoples, as well as their social, economic and political
institutions.” 36 The Court has likewise acknowledged the existence of racial and ethnic
discrimination, the presence of racial and ethnic stereotypes, and violence against indigenous
peoples. 37
38.
Historical discrimination against indigenous peoples was recognized in 1995 by the
State of Guatemala in the Agreement on Identity and Rights of Indigenous Peoples 38
(hereinafter “AIDPI”), 39 which forms part of the Peace Accords signed to put an end to the
internal armed conflict. The persistence of such discrimination was also recognized at the
international level in 2018, when the then Special Rapporteur on the Rights of Indigenous
Peoples noted, after her visit to Guatemala, that “the main structural problem affecting the
Practicum of Boston College Law School (merits file, folio 763), and amicus curiae brief presented by the Bufete Para
Pueblos Indígenas (merits file, folio 946).
31
Cf. UN, Human Rights Council. Report of the Special Rapporteur on the Rights of Indigenous Peoples on her
visit to Guatemala. Doc. A/HRC/39/17/Add.3, 10 August 2018, para. 87.
32
Cf. Written version of the expert report submitted to the Court by José Francisco Calí Tzay on May 24, 2021
(evidence file, folio 1415).
33
Cf. UN, Human Rights Council. Report of the Special Rapporteur on the Rights of Indigenous Peoples on her
visit to Guatemala, supra, para. 92.
34
UN, Human Rights Council. Report of the Special Rapporteur on the Rights of Indigenous Peoples on her visit
to Guatemala, supra, para. 89.
35
Cf. Case of the Plan de Sánchez Massacre v. Guatemala. Merits. Judgment of April 29, 2004. Series C No.
105, and Members of Chichupac Village and Neighboring Communities of the Municipality of Rabinal v. Guatemala.
Preliminary objections, merits, reparations and costs. Judgment of November 30, 2016. Series C No. 328.
36
Cf. Case of the Plan de Sánchez Massacre v. Guatemala. Merits, supra, para. 42.7 and Members of Chichupac
Village and Neighboring Communities of the Municipality of Rabinal v. Guatemala. Preliminary objections, merits,
reparations and costs, supra, para. 80.
37
Cf. Members of Chichupac Village and Neighboring Communities of the Municipality of Rabinal v. Guatemala.
Preliminary objections, merits, reparations and costs, supra, paras. 318 to 320.
38
The Agreement on the Identity and Rights of Indigenous Peoples states that “to overcome the age-old
discrimination against indigenous peoples, the assistance of all citizens will be needed in the effort to change
thinking, attitudes and behaviour. This change must begin with a clear recognition by all Guatemalans of the reality
of racial discrimination and of the compelling need to overcome it and achieve true peaceful coexistence Cf.
Agreement on Identity and Rights of Indigenous Peoples (enacted on March 31, 1995, signed in Mexico City by the
Government of the Republic of Guatemala and the Unidad Revolucionaria Nacional Guatemalteca, as part of the
Agreement on a Firm and Lasting Peace, sponsored by the United Nations), chapter II, section A (1). Available at:
http://www.lacult.unesco.org/docc/oralidad_08_70-79-anales.pdf.
39
The Agreement on Identity and Rights of Indigenous Peoples is one of the Peace Accords signed by the
Government of Guatemala and the Unidad Revolucionaria National Guatemalteca (URNG) “to achieve peaceful solutions
to the main problems that caused the armed conflict of more than 36 years.” Available at:
http://www.muniguate.com/images/2011/user01/fuentes_monumentos/manitas_paz/acuerdosdepazenguatemala.pd
fThe Framework Law for the Peace Agreements, Decree 52-2005, characterizes the Peace Accords as “State
commitments.” Cf. Congress Decree 52-2005, of August 3, 2005, Article 3 (evidence file, folio 1827). See also:
Agreement on Identity and Rights of Indigenous Peoples, supra, and written version of the expert opinion submitted
to the Court by José Francisco Calí Tzay, supra (evidence file, folio 1412).
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